Gary Snodgrass and Nick Meriage Obtain Total Exoneration Verdict for Geotechnical Engineering Company Professional Liability Negligence Claim
PS Partners: Gary Snodgrass
PS Associate: Nick Meriage
We represented: Tech Services to Go, Inc., d/b/a Tsi Engineering, Inc.
Venue: St. Louis County Circuit Court
Design-build contractor Charah, Inc., a company that specializes in the coal fired power industry, dealing primarily with their waste products, engaged TSi, Inc., a geotechnical engineering firm, to prepare a geotechnical engineering report regarding a site that Charah and Ameren had chosen for the construction of a new limestone pulverizing facility, to provide pulverized limestone to Ameren.
The site chosen was on top of approximately 40-60 feet of fill, quarry waste, which was of unknown depth and consistency. In the report, TSi warned that the fill could settle, and the owner and builder needed to be willing to accept the risk of settlement should they want to proceed at the site. They later issued a chart, showing anticipated settlements at the site of only 1-2 inches, but again, referred everyone back to their original report, which warned about settlement.
After construction began, the site settled, and a new location needed to be chosen to complete the project. Charah sued TSi claiming over $1.6 million in damages related to “sunk costs,” on the abandoned site, as well as some lost profits and delay damages.
Verdict: Defendant’s verdict. Allocation of fault: 100% to plaintiff, 0% to defendant.